Notice2024-10934
Certain Alkyl Phosphate Esters From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43801-43806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10934]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-168]
Certain Alkyl Phosphate Esters From the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 13, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9068.
SUPPLEMENTARY INFORMATION:
The Petition
On April 23 and 24, 2024, the U.S. Department of Commerce
(Commerce) received an antidumping duty (AD) petition concerning
imports of certain alkyl phosphate esters (alkyl phosphate esters) from
the People's Republic of China (China) filed in proper form on behalf
of ICL-IP America, Inc. (the petitioner).\1\ The Petition was
[[Page 43802]]
accompanied by a countervailing duty (CVD) petition concerning imports
of alkyl phosphate esters from China.\2\
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\1\ See Petitioner's Letters, ``Antidumping and Countervailing
Duty Petitions,'' dated April 23, 2024 (the Petition); and ``Errata
to Antidumping and Countervailing Duty Petitions,'' dated April 24,
2024.
\2\ Id.
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Between April 25 and May 2, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ The petitioner responded to Commerce's
supplemental questionnaires between April 29 and May 3, 2024.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
April 25, 2024; and ``Supplemental Questions,'' dated April 25,
2024; see also Memorandum, ``Phone Call with Counsel to
Petitioner,'' dated May 2, 2024.
\4\ See Petitioner's Letters, ``Responses to Petition
Supplemental Questionnaires,'' dated April 29, 2024 (First General
Issues Supplement); and ``Responses to China AD Questionnaire,''
dated April 29, 2024; ``Responses to Second Petition Supplemental
Questionnaire,'' dated May 3, 2024; and ``Responses to Second
Petition Supplemental Questionnaires,'' dated May 3, 2024.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of alkyl
phosphate esters from China are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the alkyl
phosphate esters industry in the United States. Consistent with section
732(b)(1) of the Act, the Petition was accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act.\a\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Period of Investigation
Because the Petition was filed on April 23, 2024, and because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the period of investigation (POI) for the China LTFV
investigation is October 1, 2023, through March 31, 2024.
Scope of the Investigation
The products covered by this investigation are alkyl phosphate
esters from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\7\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on June 3, 2024, which is the next business day after 20
calendar days from the signature date of this notice.\8\ Any rebuttal
comments, which may include factual information, and should also be
limited to public information, must be filed by 5:00 p.m. ET on June
13, 2024, which is 10 calendar days from the initial comment deadline.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\8\ The deadline for scope comments falls on June 2, 2024, which
is a Sunday. In accordance with 19 CFR 351.303(b)(1), Commerce will
accept comments filed by 5:00 p.m. ET on June 3, 2024 (``For both
electronically filed and manually filed documents, if the applicable
due date falls on a non-business day, the Secretary will accept
documents that are filed on the next business day.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\9\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of alkyl phosphate esters
to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on June
3, 2024, which is the next business day after 20 calendar days from the
signature date of this notice.\10\ Any rebuttal comments must be filed
by 5:00 p.m. ET on June 13, 2024, which is 10 calendar days from the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of the LTFV investigation.
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\10\ The deadline for product characteristics comments falls on
June 2, 2024, which is a Sunday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept comments filed by 5:00 p.m. ET
on June 3, 2024 (``For both electronically filed and manually filed
documents, if the applicable due date falls on a non-business day,
the Secretary will accept documents that are filed on the next
business day.'').
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic
[[Page 43803]]
producers or workers accounting for more than 50 percent of the total
production of the domestic like product, Commerce shall: (i) poll the
industry or rely on other information in order to determine if there is
support for the petition, as required by subparagraph (A); or (ii)
determine industry support using a statistically valid sampling method
to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\13\ Based on our analysis of the information
submitted on the record, we have determined that alkyl phosphate
esters, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\14\
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\13\ See Petition at Volume I (pages 15-17 and Exhibits I-4 and
I-6); see also First General Issues Supplement at 11-15.
\14\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Certain Alkyl Phosphate Esters from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (China AD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Alkyl Phosphate Esters from the
People's Republic of China. This checklist is on file electronically
via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2023.\15\ The petitioner
asserts that there are currently no other known producers of alkyl
phosphate esters in the United States; therefore, the Petition is
supported by 100 percent of the U.S. industry.\16\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\17\
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\15\ See Petition at Volume I (Exhibit I-11); see also First
General Issues Supplement at 10-11.
\16\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2,
and I-8); see also First General Issues Supplement at 7-11 and
Exhibit I-17.
\17\ See Petition at Volume I (pages 3-5 and Exhibits I-1, I-2,
and I-8, and I-11); see also First General Issues Supplement at 7-11
and Exhibit I-17. For further discussion, see Attachment II of the
China AD Initiation Checklist.
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Our review of the data provided in the Petition, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\18\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\21\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\18\ See Attachment II of the China AD Initiation Checklist.
\19\ Id.; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the China AD Initiation Checklist.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
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\23\ See Petition at Volume I (page 18 and Exhibit I-10).
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The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; negative impact on domestic industry capacity, capacity
utilization, and employment; and negative impact on domestic industry
sales revenue and operating profits.\24\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\25\
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\24\ Id. at 18-34 and Exhibits I-1, I-3, I-4, I-8, and I-10
through I-13.
\25\ See China AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Alkyl Phosphate Esters from the People's Republic
of China.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of alkyl phosphate esters from China. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
China AD Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on pricing information for
sales, or
[[Page 43804]]
offers for sale, of alkyl phosphate esters produced in and exported
from China.\26\ The petitioner also based EP on the average unit value
derived from official import statistics for imports of alkyl phosphate
esters from China into the United States during the POI.\27\ The
petitioner made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price, where applicable.\28\
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\26\ See China AD Initiation Checklist.
\27\ Id.
\28\ Id.
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Normal Value
Commerce considers China to be an NME country.\29\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the China LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
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\29\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that the Republic of T[uuml]rkiye
(T[uuml]rkiye) is an appropriate surrogate country for China because it
is a market economy that is at a level of economic development
comparable to that of China and is a significant producer of comparable
merchandise.\30\ The petitioner provided publicly available information
from T[uuml]rkiye to value all FOPs (except propylene oxide).\31\ To
value propylene oxide, the petitioner provided import statistics from
another surrogate country, Malaysia.\32\ Based on the information
provided by the petitioner, we believe it is appropriate to use
T[uuml]rkiye as a surrogate country for China to value all FOPs (except
propylene oxide) and Malaysia to value propylene oxide for initiation
purposes.
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\30\ See China AD Initiation Checklist.
\31\ Id.
\32\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used product-specific consumption rates from a U.S. producer
of alkyl phosphate esters as a surrogate to value Chinese
manufacturers' FOPs.\33\ Additionally, the petitioner calculated
factory overhead, selling, general, and administrative expenses, and
profit based on the experience of a Turkish producer of comparable
merchandise.\34\
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\33\ Id.
\34\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of alkyl phosphate esters from China are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins range from 86.45 to 171.61 percent
ad valorem.\35\
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\35\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
questionnaire responses, we find that they meet the requirements of
section 732 of the Act. Therefore, we are initiating an LTFV
investigation to determine whether imports of alkyl phosphate esters
from China are being, or are likely to be, sold in the United States at
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petition, the petitioner named 65 companies in China as
producers and/or exporters of alkyl phosphate esters.\36\ Our standard
practice for respondent selection in AD investigations involving NME
countries is to select respondents based on quantity and value (Q&V)
questionnaires in cases where Commerce has determined that the number
of companies is large, and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. Because there are 65 Chinese producers and/or exporters identified
in the Petition, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters that are
identified in the U.S. Customs and Border Protection data for which
there is complete address information on the record.\37\
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\36\ See Petition at Volume I (page 14 and Exhibit I-8); see
also First General Issues Supplement at 1 and Exhibit I-8.
\37\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated May 8, 2024.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of alkyl phosphate esters from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on May 28, 2024, which is the next
business day after two weeks from the signature date of this
notice.\38\ All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
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\38\ The Q&V questionnaire response deadline falls on May 27,
2024, which is a federal holiday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept Q&V questionnaire responses
filed by 5:00 p.m. ET on May 28, 2024 (``For both electronically
filed and manually filed documents, if the applicable due date falls
on a non-business day, the Secretary will accept documents that are
filed on the next business day.'')
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Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's
[[Page 43805]]
website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>.
The separate rate application will be due 30 days after publication of
this initiation notice. Exporters and producers must file a timely
separate rate application if they want to be considered for individual
examination. Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response both to the Q&V questionnaire and to the separate rate
application by the respective deadlines to receive consideration for
separate rate status. Companies not filing a timely Q&V questionnaire
response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\39\
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\39\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of alkyl phosphate esters from China are
materially injuring, or threatening material injury to, a U.S.
industry.\40\ A negative ITC determination will result in the
investigation being terminated.\41\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\40\ See section 733(a) of the Act.
\41\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \42\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\43\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\44\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\45\
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\44\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its
[[Page 43806]]
requirements pertaining to the service of documents in 19 CFR
351.303(f).\48\
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\48\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: May 13, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The products covered by this investigation are alkyl phosphate
esters, which are halogenated and non-halogenated phosphorus-based
esters with a phosphorus content of at least 6.5 percent (per
weight) and a viscosity between 1 and 2000 mPa.s (at 20-25 [deg]C).
Merchandise subject to this investigation primarily includes
Tris (2-chloroisopropyl) phosphate (TCPP), Tris (1,3-
dichloroisopropyl) phosphate (TDCP), and Triethyl Phosphate (TEP).
TCPP is also known as Tris (1-chloro-2- propyl) phosphate, Tris
(1-chloropropan-2-yl) phosphate, Tris (monochloroisopropyl)
phosphate (TMCP), and Tris (2-chloroisopropyl) phosphate (TCIP).
TCPP has the chemical formula
C<INF>9</INF>H<INF>18</INF>C<INF>l3</INF>O<INF>4</INF>P and the
Chemical Abstracts Service (CAS) Nos. 1244733-77-4 and 13674-84-5.
It may also be identified as CAS No. 6145-73-9.
TDCP is also known as Tris (1,3-dichloroisopropyl) phosphate,
Tris (1,3-dichloro-2-propyl) phosphate, Chlorinated tris, tris {2-
chloro-1-(chloromethyl ethyl){time} phosphate, TDCPP, and TDCIPP.
TDCP has the chemical formula
C<INF>9</INF>H<INF>15</INF>C<INF>l6</INF>O<INF>4</INF>P and the CAS
No. 13674-87-8.
TEP is also known as Phosphoric acid triethyl ester, phosphoric
ester, flame retardant TEP, Tris(ethyl) phosphate,
Triethoxyphosphine oxide, and Ethyl phosphate (neutral). TEP has the
chemical formula (C<INF>2</INF>H<INF>5</INF>O)<INF>3</INF>PO and the
CAS No. 78-40-0.
Imported alkyl phosphate esters are not excluded from the scope
of this investigation even if the imported alkyl phosphate ester
consists of a single isomer or combination of isomers in proportions
different from the isomers ordinarily provided in the market.
Also included in this investigation are blends including one or
more alkyl phosphate esters, with or without other substances, where
the alkyl phosphate esters account for 20 percent or more of the
blend by weight.
Alkyl phosphate esters are classified under subheading
2919.90.5050, Harmonized Tariff Schedule of the United States
(HTSUS). Imports may also be classified under subheadings
2919.90.5010 and 3824.99.5000, HTSUS. The HTSUS subheadings and CAS
registry numbers are provided for convenience and customs purposes.
The written description of the scope is dispositive.
[FR Doc. 2024-10934 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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